Pick the best answer

How is a public defender allowed to waive your right to a speedy trial?

Largo, FL | November 6, 2012 8:55pm

I never told my public defender to waive my right to a speedy trial. I didn't find out that he done that until it was to late. I didn't even know what a speedy trial meant then. I was told that public defenders waive your right to a speedy trial to have more time to prepare the case, but yet at the same time it also gave the state more time to prepare a case. When I make an appeal for other reasons can I add not waiving my rights to a speedy trial?

Speedy trial is often waived by defense attorneys, both public and private, in order to take the time to adequately prepare for a defense. I do not know the facts of your case but it is likely that the attorney waived speedy to aid your defense not harm it.

This is general advice and not intended to form an attorney-client relationship.

An attorney typically cannot waive any of a client's rights without the client's approval, which normally means having discussed the rights and the reasons supporting a waiver of those rights with the client. If he never informed you that he was waiving your right to a speedy trial even if it was for a good reason, then it is something that you should discuss with your appellate attorney. Understand that attorneys generally seek to continue trial dates in order to have time to be properly prepared for trial so you will need to let your appellate attorney know how you believe this continuance hurt you.

Speedy trial rights are often (almost usually) waived when the client is not in custody because generally time works to the benefit of the defense.

You should talk to your appellate lawyer about this. Generally in an appeal you do not object to everything that was wrong, but go for one to three main errors so as to not dilute the force of the argument.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only.

Click on the “more” link below for more information.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . .
I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided.
There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Talk to your attorney. Speedy trial is routinely waived by attorneys who simply need more time to prepare a defense. You should understand that speedy trial is waived merely by your attorney asking to have a pretrial hearing continued to a later date..

If you truly want to receive a speedy trial, your attorney can file a written demand for speedy trial. By doing so, you are telling the judge that you are ready for trial within 5 days. Your trial will need to be scheduled within 45 days of the demand. One caveat: be careful what you ask for.

Your defense counsel has the ability to waive your speedy trial right without your knowledge or consent under the current state of the law. This is because the decision is determined to be a tactical decision and tactical decisions are left to the discretion of the attorney. Typically, you cannot use your attorney waiving speedy as grounds for an appeal. The caselaw is against you that issue.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida.
The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Was this a misdemeanor or felony case? If you want a speedy trial you can still have it via a written demand for speedy trial. This will cause the judge to set a calendar call on your case within 5 days and then force the state to pick a trial date within 45 days. Waiving speedy trial at the beginning of someone's case is a routine practice done by attorneys who are experienced enough to be able to look at the facts of the case and make a decision as to how long it will take to prepare for trial. In addition it is common knowledge among attorneys that the older the case gets the more likely it is to be resolved in your favor. Good luck!